The court may, from time to time after decreeing as provided in § 20-107.2, on petition of either of the parents, or on its own motion or upon petition of any probation officer or the Department of Social Services, which petition shall set forth the reasons for the relief sought, revise and alter such decree concerning the care, custody, and maintenance of the children and make a new decree concerning the same, as the circumstances of the parents and the benefit of the children may require. The intentional withholding of visitation of a child from the other parent without just cause may constitute a material change of circumstances justifying a change of custody in the discretion of the court.
No support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding party.
Any member of the United States Army, Navy, Air Force, Marine Corps, Coast Guard, Space Force, National Guard, or any other reserve component thereof, who files a petition or is a party to a petition requesting the adjudication of the custody, visitation or support of a child based on a change of circumstances due to one of the parent's deployment, as that term is defined in § 20-124.7, shall be entitled to have such a petition expedited on the docket of the court.
Code 1919, § 5111; 1926, p. 105; 1927, p. 184; 1934, p. 515; 1938, p. 784; 1944, p. 397; 1948, p. 593; 1986, c. 537; 1987, c. 649; 1991, c. 438; 2002, c. 747; 2004, c. 204; 2006, c. 371; 2011, c. 351; 2024, cc. 22, 817.
Notes of Decisions
Cited in
288
cases (
17 in the last 5 years), 1952–2026 · leading case:
Yohay v. Ryan, 359 S.E.2d 320 (Va. Ct. App. 1987).
Yohay v. Ryan, 359 S.E.2d 320 (Va. Ct. App. 1987).
· cites it 78× “2(2) [1] when considering a petition for modification of child support made pursuant to Code § 20-108 [2] ; (3) whether the trial court improperly relied on the property settlement agreement in denying the father's petition; (4) whether the trial court failed to apply the…”
Shoup v. Shoup, 556 S.E.2d 783 (Va. Ct. App. 2001).
· cites it 16× “2d 353, 355 (1986) (where trial court awarded unitary support to children, in order to reduce payments to the remaining children upon the emancipation of the oldest child, the husband must "apply to the court for a modification of the decree upon a change of condition").”
Newman v. Newman, 593 S.E.2d 533 (Va. Ct. App. 2004).
· cites it 12× “The issue, rather, is whether the agreement (i) was a compromise only of the issues then in dispute by an order of modification pursuant to Code § 20-109(A) and Code § 20-108 or (ii) was a final settlement of spousal support for all times pursuant to Code § 20-109(C) and a…”
Crabtree v. Crabtree, 435 S.E.2d 883 (Va. Ct. App. 1993).
· cites it 24× “The resolution of the question depends upon whether a "transfer" of "matters" under Code § 20-79(c) divests a court of record of its continuing jurisdiction as provided by Code § 20-108 to also address those issues "transferred to the juvenile and domestic relations district…”
Stiles v. Stiles, 632 S.E.2d 607 (Va. Ct. App. 2006).
· cites it 14× “Stiles’s request for “retroactive modification” is barred by res judicata and laches, and precluded by Code § 20-108. Finding no reversible error, we affirm.”
Kirk T. Milam v. Sheila J. Milam, 778 S.E.2d 535 (Va. Ct. App. 2015).
· cites it 8× “Regardless of father’s choice of title for his motion, he requested a modification of child support pursuant to Code § 20-108. Section 20-108 provides: The court may, from time to time after decreeing as provided in § 20-107.”
Antonelli v. Antonelli, 409 S.E.2d 117 (Va. 1991).
· cites it 8× “When invoking the divorce court's continuing jurisdiction under Code § 20-108, *119 following entry of a final decree of divorce, a party seeking a change in court-ordered child support has the burden to prove by a preponderance of the evidence a material change in circumstances…”
Riggins v. O'BRIEN, 559 S.E.2d 673 (Va. 2002).
· cites it 8× “" Code § 20-108. However, "[n]o support order may be retroactively modified.”
Featherstone v. Brooks, 258 S.E.2d 513 (Va. 1979).
· cites it 8× “" In July, 1977, Brooks, pursuant to Code § 20-108, petitioned the trial court to amend and revise the final divorce decree so as to require Featherstone to regularly contribute to the maintenance and support of the minor children.”
Watkinson v. Henley, 409 S.E.2d 470 (Va. Ct. App. 1991).
· cites it 8× “MATERIAL CHANGE IN CIRCUMSTANCES “The court may, from time to time after decreeing [for child support] . . . revise and alter such decree concerning the care, custody, and maintenance of the children and make a new decree concerning the same, as the circumstances of the parents…”
Bennett v. Com., Dept. of Soc. Servs., 472 S.E.2d 668 (Va. Ct. App. 1996).
· cites it 8× “" Code § 20-108. The court may modify its support order upon motion of any party in interest or upon its own motion.”
Cirrito v. Cirrito, 605 S.E.2d 268 (Va. Ct. App. 2004).
· cites it 4× “See also Code § 20-108 (no support order may be retroactively modified, but may be modified with respect to any period during which there is a pending petition for modification in any court, but only from the date that notice of such petition has been given to the responding…”
— Va. Code Ann. § 20-108(A) — 1 case
— Va. Code Ann. § 20-108(A)(vii) — 1 case
— Va. Code Ann. § 20-108(B) — 1 case
— Va. Code Ann. § 20-108(B)(1) — 1 case
— Va. Code Ann. § 20-108(B)(12) — 1 case
— Va. Code Ann. § 20-108(B)(15) — 1 case
— Va. Code Ann. § 20-108(C) — 2 cases
— Va. Code Ann. § 20-108(D) — 1 case
— Va. Code Ann. § 20-108(G)(3) — 1 case
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